In August 2016, operational rules for small unmanned aircraft rules took effect in the United States. Created by the Federal Aviation Administration (“FAA”), the new rules specify regulations for the routine commercial use of small unmanned aircraft systems weighing less than 55 pounds (e.g., unmanned aerial vehicles (“UAV”) and unmanned aircraft system (“UAS”)), otherwise known as drones. The rule's provisions are designed to minimize risks to other aircraft and people/property on the ground. Generally, the new rules require pilots to keep an unmanned aircraft within a visual line of sight. In addition, the rules restrict operations to daylight use and allow twilight use if the drone has anti-collision lights. The new rules also address height and speed restrictions and other operational limits, such as prohibiting flights over unprotected people on the ground who are not directly participating in the drone's operation.
While the new regulations cover commercial use, the regulations do not specifically address hobbyist use. In addition, the new drone rules do not specifically address privacy issues. The rules also do not regulate how drones gather data on people or property. The FAA has indicated a desire to address privacy considerations in the future with input from the public. However, there is nothing in place at the present other than a small compilation of varying state and local rules.
The new commercial rules and increased hobbyist use have lead some to believe that the skies of the United States will soon be filled with millions of commercial-grade and consumer-grade drones. On a global scale, potentially tens-of-millions or billions of drones may soon be airborne. The increased drone use, combined with a void of unified privacy rules in the U.S. and internationally, means that people and property are potentially left vulnerable to unwanted incursions.
The vast majority of drone use is legitimate and non-intrusive, including package delivery, aerial light shows, media reporting, infrastructure inspection, and personal use on private property or public parks. Unfortunately, some individuals or organizations use (or plan to use) drones for illegal and/or nefarious purposes. This use cannot be physically prevented by the new drone rules. In the past year alone, drones have been used to deliver contraband to inmates in prisons, drop radioactive sand on a government official's residence, and operate as a suicide vehicle. In addition, paparazzi and other intrusive individuals have used drones to spy on celebrities and neighbors.
While some areas have been designated as no-fly zones for drones (such as disasters, sporting events, and government facilities), enforcement to prevent drones from entering these zones have become a problem. For instance, drone detection is difficult due to the relatively small size of drones and the fact that they typically travel at relatively low altitudes. In addition, visual and/or acoustic noise from the environment (e.g., background noise), may obscure or reduce the effectiveness of drone detection technologies.